- (1.) This criminal appeal has been filed against the judgment and order dated 11.1.2007 passed by the High Court of Punjab & Haryana at Chandigarh in Criminal Appeal No. 146-DB of 1994, wherein the High Court has reversed the judgment and order of the Sessions Court in Session Case No. 44 of 1989 dated 3.8.1993, by which the appellant has been acquitted of the charges under Sections 304-B and 498-A of the Indian Penal Code, 1860 (hereinafter referred as 'IPC').
(2.) Facts and circumstances giving rise to this appeal are that: A. On 4.7.1989 at 8.00 p.m., Jiwan (PW.1) made a statement (Ext.PC) before the police at Rohtak Chowk, Kharkohda to the effect that his daughter Indro, aged about 21 years, was married to appellant Rohtash about one year back and in the said marriage he had given sufficient dowry according to his capacity. However, her husband and parents-in-law were not satisfied with the dowry. They always made taunts for not bringing sufficient dowry. His son-inlaw made various demands and the complainant had to give him a sum of Rs.10,000/-. He had received information through Gopi Chand and Ram Kishan that his daughter had died by consuming poisonous tablets and her dead body had been cremated in the morning. On the basis of the said statement, FIR was recorded in P.S. Kharkhoda on 14.7.1989 at about 8.10 p.m. under Sections 304, 201 and 498-A of the IPC. S.I. Inder Lal accompanied Jiwan, complainant (PW.1) to village Mandora and went to the house of the accused persons. The accused persons, namely, Smt. Brahmo Devi, Rajbir and Dharampal were found present. He made the inquiries from them and, thereafter, came back to the police station and added the offence under Section 304-B IPC. The said accused as well as the appellant were arrested. The I.O. went to the cremation ground and took into possession the ashes and bones in presence of Jiwan (PW.1), complainant and other witnesses and after putting them under sealed cover sent the same for FSL report. He lifted broken pieces of glass bangles and prepared a recovery memo in presence of the witnesses. He further recorded the statement of witnesses under Section 161 of Code of Criminal Procedure, 1973 (hereinafter called Cr.P.C.). After completing the investigation, the I.O. submitted the chargesheet and trial commenced for the offences under Section 304-B and 498-A IPC. B. The prosecution in support of its case examined Jiwan (PW.1) complainant, Suresh (PW.2), Fateh Singh (PW.3), Inder Lal (PW.4) and other formal witnesses, however, gave up certain witnesses like Gopi Chand on the apprehension that he had been won over by the accused persons. C. Under Section 313 Cr.P.C., the accused made the statement that they had been falsely implicated in the case. Appellant was leading a happy married life and never ill-treated his wife for not bringing enough dowry. Deceased was suffering from fits, as a result of which she died. Accused persons had informed her parents through Rajbir accused and cremation was done after arrival of Jiwan (PW.1) complainant and his other relatives. D. After appreciating the evidence and considering the documents on record, the trial court reached the conclusion that there were material inconsistencies in the depositions of Jiwan (PW.1), complainant, Suresh (PW.2) and Fateh Singh (PW.3), particularly on the issue of demand of dowry as they could not exactly point out the amount of demand and payment. Suresh (PW.2), though deposed that he had purchased the house of the complainant for a sum of Rs.12,000/-, however, no document could be produced in respect of the same as land under the house belonged to Wakf Board. The prosecution case has been that the complainant has been forced to sell his house to meet the demand of dowry. The trial court also drew adverse inference for withholding material witnesses, particularly, Gopi Chand who had informed the complainant about the death of his daughter. The trial court vide judgment and order dated 3.8.1993 acquitted all the accused persons of all the charges.
(3.) Aggrieved, the State preferred Criminal Appeal No. 146-DB of 1994 before the High Court. The High Court reappreciated the entire evidence and came to conclusion that there was nothing on record to show that Indro, deceased, died of fits; no medical evidence had been produced to show that she had been suffering from fits. There was sufficient evidence on record to show demand of dowry by the appellant from his father-in-law. The appellant had been making taunts and caused torture to the deceased on the ground of inadequate dowry. The demand by the appellant had been fully supported by Suresh (PW.2) who purchased the house of the complainant for a sum of Rs.12,000/-. Indro died within a period of one and a half years of marriage. The High Court convicted the appellant under Section 304-B IPC and imposed the punishment of 7 years rigorous imprisonment, further under Section 498-A IPC imposed the punishment of six months RI. In respect of other persons the order of acquittal passed by the trial court was maintained. Hence, this appeal. ;